Chief Justice of Pakistan Gulzar Ahmed said on Friday that there was a thin line between prosecution and persecution and conscientious prosecution must be observed to help administer the rule of law.
The CJP was advising a group of prosecutors of the Federal Investigation Agency (FIA), under-training at Federal Judicial Academy (FJA), who called on to him, in the Supreme Court.
“Prosecution is an integral part of the criminal justice system,” CJP Ahmed said. “You should carry out your functions fairly, impartially and objectively. You must respect and seek to protect human rights as laid down in the Constitution of Islamic Republic of Pakistan.”
The chief justice emphasised that it is the duty of the prosecutors to prove the accused guilty in the courts.
“The police carries out the required investigation and submits challans against the accused and leave it to the prosecutors to fight the legal battle in the court,” he said. The CJP further advised them that the prosecutors should abstain from discrimination on any ground such as sex, race, colour, language and religion, political or other opinions.
“Prosecutors should ensure equality before the law, and make themselves aware of all relevant circumstances including those affecting the accused, irrespective of whether they are to the latter’s advantage or disadvantage,” the CJP said.
They should not initiate or continue prosecution when an impartial investigation shows the charge to be unfounded, the chief justice added. They should also not present evidence against accused that is believed on reasonable grounds to be obtained through recourse to methods which are contrary to the law.
“In cases of any doubt, the prosecutors should ask the court to rule on the admissibility of such evidence,” the chief justice advised. Currently, a batch of legal assistant directors was undergoing a week-long training at the FJA. It is the first batch of face to face learning at the academy, and the administration has ensured observance of due protocols and necessary standard operating procedures SOPs.
The delegation was accompanied by the FJA Director-General Hayat Ali Shah and Programs and Coordination Director Huma Chughtai.
